EMNAMBITHI/LADYSMITH

Transcription

1 Emnambithi/Ladysmith Supply Chain Management Policy EMNAMBITHI/LADYSMITH SUPPLY CHAIN MANAGEMENT POLICY Page 1 of 62

2 Emnambithi/Ladysmith Supply Chain Management Policy Policy Section TABLE OF CONTENTS Page No. DEFINITIONS OBJECTIVES SUPPLY CHAIN MANAGEMENT POLICY AMENDMENT OF SUPPLY CHAIN MANAGEMENT POLICY METHODS AND PROCESS OF PROCUREMENT Procedures for Procurement Petty cash purchases of R0 to an estimated value of R Purchases to an estimated value of more than R 2000 to R Purchases to an estimated value of R up to R Purchases to an estimated value of R and above and long-term contracts Delegation for Procurement Process Prior Approval Principles of Adjudication Supply Chain Management Unit Negotiations with Preferred Bidders Advising of Results Compilation of a List of Prospective Suppliers Two-stage Bidding Process Unsolicited bids Procurement of goods and services under contracts secured by other organs of state Proudly South African Campaign Small Micro Medium Enterprises (SMME's) DEVIATIONS FROM THE PROCUREMENT PROCESS SUPPLY CHAIN MANAGEMENT COMMITTEES...26 Page 2 of 62

3 Emnambithi/Ladysmith Supply Chain Management Policy 6.1 Bid Specification Committee Bid Evaluation Committee Bid Adjudication Committee GENERAL CONDITIONS AND PROCEDURES General Directives Invitation of bids Consideration of bids Administration of Contracts Settlement of Disputes Orders Packing, Packing Material and Containers Guarantee Payment for Supplies and Services Management of Expansion or Variation Orders against the Original. Contract Cession of Contracts Remedies in the case of Death, Sequestration, Liquidation or Judicial Management Contractor s Liability Transfer of Contracts DISPOSAL MANAGEMENT Disposal and Letting of the Municipality s Assets Evaluation of Offers/Bids for Disposal and Letting of Assets SPECIALISED PROCUREMENT Annual Supply Contracts Procurement of Banking Services Procurement of IT related Goods and Services Procurement under Contracts by Other Organs of State Procurement of Goods Requiring Special Safety Arrangements...45 Page 3 of 62

4 Emnambithi/Ladysmith Supply Chain Management Policy 9.6 Appointment of Consultants Leasing of Property, Plant and Equipment OBJECTIONS AND COMPLAINTS Resolution of Objections and Complaints against Procurement Processes Municipal Bid Appeals Tribunal BID DOCUMENTATION Mandatory Formalities Mandatory Supporting Documentation VAT Vendor Registration Local Production and Content CONTRACT MANAGEMENT TRAINING OF OFFICIALS PREVENTING SUPPLY CHAIN MANAGEMENT ABUSE DELEGATIONS AND PRESCRIPTIONS Subdelegation REPORTING Petty Cash Quarterly Reporting Annual Reporting Other Reporting LOGISTICS, RISK AND PERFORMANCE MANAGEMENT Logistics Management Risk Management Performance Management OTHER MATTERS Prohibition on awards to persons whose tax matters are not in order Prohibition on awards to persons in the service of the state Awards to close family members of persons in the service of the state...58 Page 4 of 62

5 Emnambithi/Ladysmith Supply Chain Management Policy 18.4 Ethical Standards Inducements, Rewards, Gifts and Favours to Municipalities, Officials and other Role Players Sponsorships Objections and Complaints Contracts providing for compensation based on turnover POLICY PROCEDURES AND REVIEW OVERSIGHT ROLE OF COUNCIL BY-LAWS ADOPTION OF SUPPLY CHAIN MANAGEMENT POLICY...61 Page 5 of 62

6 DEFINITIONS In this policy, unless the context indicates otherwise, the following definitions are applied Accounting Officer means the Municipal Manager of the Municipality within the meaning of Section 82 of the Municipal Structures Act, 1998 (Act No.117 of 1998); The Act means the Local Government Municipal Finance Management Act 2003 (Act No. 56 of 2003); Bid means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods. This replaces tender used in previous policies; CFO means the Chief Financial Officer; Close family member means: (i) a member of the same household (including someone residing on the premises), (ii) parent (including adoptive parent), (iii) parent-in-law, (iv) son (including adoptive son), (v) son-in-law, (vi) daughter (including adoptive daughter), (vii) daughter-in-law, (viii) step-parent, (ix) stepson, (x) step-daughter, (xi) brother, (xii) sister, (xiii) grandparent, (xiv) grandchild, (xv) uncle, (xvi) aunt, (xvii) nephew, (xviii) niece, (xix) the spouse or unmarried partner in any of (i)to (xii) above; Contract means the agreement that results from the acceptance of a bid or quotation by the Municipality; Firm price is the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy or tax which in terms of a law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies or the rendering costs of any service, for the execution of the contract. Page 6 of 62

7 In the service of the state means to be (a) a member of (i) any municipal council; (ii) any provincial legislature; or (iii) the National Assembly or the National Council of Provinces; (b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999); (e) a member of the accounting authority of any national or provincial or public entity; or (f) an employee of Parliament or provincial legislature. Long-term contract means a contract with a period exceeding one (1) year; MCM means the Management Committee of the municipality; MFMA means the Municipal Finance Management Act (Act No. 56 of 2003); Quotation means a stated price that a supplier expects to receive for the provision of specified services, works or goods. Relevant Head of Department means the Head of the Department for which the goods or services are being procured; and 'SMME' means a supplier or entrepreneur with an annual turnover of R25 million or less and with black ownership, risk and control of not less than 50% is termed a small black supplier (SBS). Senior Manager is defined in terms of Section 56 of the Municipal Structures Act as a manager directly accountable to the Municipal Manager. Supply Chain Management Practitioners includes the Chief Financial Officer, Manager: Finance, Assistant Manager: Finance, Senior Accountant: Budget Office and Supply Chain Management, and Accountant: Supply Chain Management. Supply Chain Management Unit comprises of the Supply Chain Manager, Quotation Clerks, Requisition Clerks, Delivery Clerks and Tender Clerks. Treasury guidelines means any guidelines on supply chain management issued by the Minister in terms of section 168 of the MFMA. Page 7 of 62

8 1. OBJECTIVES To provide a policy in which the Accounting Officer can institute and maintain a supply chain management system that: (a) (b) (c) (d) (e) (f) Is transparent, efficient, equitable, competitive, and cost effective for the municipality, Applies the highest ethical standards, Promotes local economic development, Assists in the delivery of quality service to the municipality s customers, Promotes interest and confidence in the municipality s procurement processes and other related processes, and Gives effect to and complies with relevant legislation, regulations and standards. By adopting this policy, the council undertakes to observe all applicable national legislation (including amendments and regulations) notably the: (a) Preferential Procurement Policy Framework Act No. 5 of 2000; (b) Broad Based Black Economic Empowerment Act No 53 of 2003; and (c) Municipal Finance Management Act No. 56 of This policy is designed to supplement legal prescriptions, and the main provisions are either annexed to this policy or available in the relevant Acts, Regulations and Frameworks. 2. SUPPLY CHAIN MANAGEMENT POLICY (1) All officials and other role players in the supply chain management system of the municipality must implement this Policy in a way that (a) Gives effect to (i) Section 217 of the Constitution; and (ii) Part 1 of Chapter 11 and other applicable provisions of the Act; (b) Is fair, equitable, transparent, competitive and cost effective; (c) Complies with Page 8 of 62

9 (i) The Regulations; and (ii) Any minimum norms and standards that may be prescribed in terms of Section 168 of the Act; (d) (e) (f) Is consistent with other applicable legislation; Does not undermine the objective for uniformity in supply chain management systems between organs of state in all spheres; and Is consistent with national economic policy concerning the promotion of investments and doing business with the public sector. (2) This Policy applies when the municipality (a) (b) (c) (d) Procures goods or services; Disposes goods that are no longer needed; Selects contractors to provide assistance in the provision of municipal services otherwise than in circumstances where Chapter 8 of the Municipal Systems Act applies; or Selects external mechanisms referred to in section 80 (1) (b) of the Municipal Systems Act for the provision of municipal services in circumstances contemplated in section 83 of that Act. (3) This Policy, except where provided otherwise, does not apply in respect of the procurement of goods and services contemplated in section 110(2) of the Act, including (a) Water from the Department of Water Affairs or a public entity, another municipality or a municipal entity; and (b) Electricity from Eskom or another public entity, another municipality or a municipal entity. Page 9 of 62

10 3. AMENDMENT OF THE SUPPLY CHAIN MANAGEMENT POLICY (1) The Accounting Officer must (a) (b) At least annually review the implementation of this Policy; and When the Accounting Officer considers it necessary, submit proposals for the amendment of this Policy to the Council. (2) If the Accounting Officer submits proposed amendments to the council that differs from the model policy issued by the National Treasury, the Accounting Officer must (a) Ensure that such proposed amendments comply with the Regulations; and (b) Report any deviation from the model policy to the National Treasury and the relevant Provincial Treasury. (3) When amending this supply chain management policy, the need for uniformity in supply chain practices, procedures and forms between organs of state in all spheres, particularly to promote accessibility of supply chain management systems for small businesses must be taken into account. 4. METHODS AND PROCESS OF PROCUREMENT 4.1 Procedures for Procurement The relevant department will prepare the request for quotations. All requests for the procurement of goods and services must : (a) (b) Clearly specify the nature and quantity/duration of the goods and services required. Specifications should be prepared in an unbiased manner and in sufficient detail to enable meaningful evaluation of quotes and bids. For requirements above R30 000, include the selection criteria which the quote will be evaluated against, noting that the Preferential Procurement Policy Framework and Supply Chain Management Regulations will apply above R Page 10 of 62

11 (c) Certified by the respective departmental official responsible for financial management that there is sufficient budget provision in their relevant budget for the procurement. (d) (e) Signed by the Head of Department or official designated by them for this purpose. Provided in sufficient time to allow for the lead time involved to procure the goods or services in accordance with this policy. The municipality is not obliged to accept any quotation or bid received. For a quotation or bid to be considered, it must substantially meet the specifications for the procurement and meet the needs of the municipality. If no quotation or bid is in terms of the specification, the evaluation authority may either: 1. Call for new bids, or 2. Recommend acceptance of the bid nearest to specification provided the evaluation authority is satisfied it offers acceptable value for money, will meet the needs of the municipality, and the Head of the Department for which goods are procured concurs with the decision. 4.2 Petty Cash Purchases of R0 to an estimated value of R2 000 Petty cash purchases from R0 up to a value of R2 000 (VAT inclusive) may be procured by obtaining one (1) verbal quote provided a registered supplier from the municipal database is used and the Head of Department is satisfied that the procurement is cost effective and fair. Individual transactions are limited to a maximum of R All petty cash purchases will be approved by the Head of Department prior to purchase and limited to a total of R per month per department. The Accounting Officer will determine if certain types of expenditure may be excluded from petty cash purchases. The Head of Department must supply monthly reports on petty cash purchases in accordance with Section 14 Reporting. Details of the date, company name, description of service or product and the amount must be included in the report. Page 11 of 62

12 Payments in respect of tyre puncture repairs to municipal vehicles may be paid from petty cash provided that a registered supplier from the municipal database is used. 4.3 Purchases to an estimated value of more than R 2000 to R Goods and services with a value up to R (VAT inclusive & other than petty cash purchases above) may be procured by obtaining three (3) written quotations (from the list of prospective suppliers in the first instance when the municipal database is available). All quotes are to be inclusive of VAT and the relevant officer will record the name of each potential provider and their quoted prices. The supplier will provide written confirmation of price and goods for placement of an order. All prospective suppliers must meet the listing requirements of Section 13 (a), (b) and (c) of the Supply Chain Management Regulations. Quotations of an amount more than R2000 up to R will be evaluated by the Supply Chain Management Unit officials and be submitted for approval as per Section 4.6 of this policy. If it is not possible to obtain three (3) quotes, the reasons should be documented by the relevant officer and reported quarterly to the Accounting Officer. Quotations can be sought from unlisted providers when there are no suitable providers for the commodity or service, provided the suppliers meet the following listing criteria of the Supply Chain Management Regulations. The provider who submitted the quotation: (a) has furnished the municipality with that provider s (i) full name; (ii) identification number or company or other registration number; and (iii) tax reference number and VAT registration number, if any; (b) has authorised the municipality to obtain a tax clearance certificate from the South African Revenue Services that the provider s tax matters are in order; and (c) has indicated (i) whether he or she is in the service of the state, or has been in the service of the state in the previous twelve (12) months; (ii) if the provider is not a natural person, whether any of its directors, managers, principal shareholders or stakeholders is in the service of the state, or has been in the service of the state in the previous twelve (12) months; or Page 12 of 62

13 (iii) whether a spouse, child or parent of the provider or of a director, manager, shareholder or stakeholder referred to in subparagraph (ii) is in the service of the state, or has been in the service of the state in the previous twelve (12) months. 4.4 Purchases to an estimated value of R up to R Procurement for (individual items)/requirements above R up to R (VAT inclusive) will be by inviting written price quotations (from the list of prospective suppliers in the first instance, when the municipal database is available). For quotations above R30 000: (a) (b) (c) The request will be displayed on the municipality s notice board provided for the purpose, and on the website. Quotation notices will give at least seven (7) days notice and indicate the closing date for submissions. The request will be subject to the requirements of the Preferential Procurement Policy Framework Act and its Regulations and evaluated in terms of the 80/20 point system. The Executive Manager: Finance (CFO) or the Manager: Finance is authorised to sign the advertisements for procurement of goods and services above R to R The quotation is required: (i) To be in writing, and signed by a person with the necessary authority to act on behalf of the prospective supplier, placed in a sealed envelope which is clearly marked with the notice number and deposited in the quotation box before or on the specified closing date and time. (ii) Substantially comply with the specifications set out in the quotation notice; Where it is not possible to advertise for seven (7) days, the reasons will be documented by the relevant officer and approved by the Management Committee. Where it is not possible to seek prior approval from the Management Committee due to time constraints, approval must be obtained from the Accounting Officer. Page 13 of 62

14 4.5 Purchased to an estimated value of R and above and Long-Term Contracts Procurement requisitions per case above R (VAT inclusive) and long-term contracts will be by bid invitation. The request for bids will be prepared by the client department and the submitted to the Bid Specification Committee. It must also be provided to the Supply Chain Management Unit to: (a) (b) (c) (d) (e) (f) Display on the municipality's notice board created for this purpose. Place on the Municipality's website. Advertise in a commonly circulated local newspaper for at least fourteen(14) days from the date the advertisement is placed for requirements not above a transaction value of R10 million and for thirty (30) days for requirements in excess of R10 million and long term contracts for longer than a period of one (1) year. Include the requirement that bids can only be submitted on the bid documentation provided by the municipality. Include the date, time and location of any site meeting or briefing session. Include the closing date and opening time of the bid. The Accounting Officer may determine a closure date for the submission of bids which is less than the thirty (30) days or fourteen (14) days requirement, but only if such shorter period can be justified on the grounds of urgency or emergency or any exceptional case where it is impractical or impossible to follow the official procurement process. The Bid Specification Committee may decide to extend the public invitation to other means such as the Government Tender Bulletin and the National Press. For a bid to be considered, it must comply with the requirements of Section 13 (a), (b) and (c) of the Supply Chain Management Regulations, and Section 7 of the policy, General Conditions and Procedures. The Municipality may charge a non-refundable deposit for provision of bid documents. Bids from Prohibited Bidders in terms of Sections 43 and 44 of the Supply Chain Management Regulations will not be considered. Page 14 of 62

15 The Bid Evaluation Committee will evaluate bids above R in accordance with the principles of adjudication of this policy and make recommendations to the Bid Adjudication Committee. 4.6 Delegation for Procurement Process Purchase Value Required Process Petty Cash R0 to R2 000 One (1) verbal quote from database of suppliers. Approved by Head of Department. Reported to MCM monthly. Transaction should not exceed R2000. Above R to R At least three (3) written quotations (from the database of suppliers when available). Valid tax clearance certificate required. Expenditure approval by Head of Department and Chief Financial Officer/Manager: Finance. Above R to R At least three (3) written quotations (from the database of suppliers when available). Valid tax clearance certificate required. Seven (7) day advertisement on Municipal Website and Municipal Notice Boards. 80/20 Preference Point System applies. Expenditure approval by Head of Department and Chief Financial Officer/Manager :Finance and/or Accounting Officer Above R to R Formal bid required. Recommendation by Bid Evaluation Committee. Preferential Procurement Policy Framework Act and Supply Chain Management Regulations - 80/20 Preference Point System applies. Approval by Bid Adjudication Committee and/or Accounting Officer. Above R Formal bid required. Recommendation by Bid Adjudication Committee Preferential Procurement Policy Framework Act and Supply Chain Management Regulations 90/10 Preference Point System applies Approval by Bid Adjudication Committee and/or Accounting Officer. Page 15 of 62

16 Evaluation of tenders on functionality An organ of state must indicate in the invitation to submit a tender if that tender will be evaluated on functionality The evaluation criteria for measuring functionality must be objective When evaluation tenders on functionality, thea) evaluation criteria for measuring functionality b) weight of each criterion, c) applicable values, and d) minimum qualifying score for functionality must be clearly specified in the invitation to submit a tender No tender must be regarded as an acceptable tender if it fails to achieve the minimum qualifying score for functionality as indicated in the tender invitation Tenders that have achieved the minimum qualifying score for functionality must be evaluated further in terms of the preference point systems prescribed below. 4.7 Principles of Adjudication Adjudication of Bids valued at more than R to R For all quotations and bids with an estimated value of more than R to R , preference points will be allocated as follows: POINTS Price 80 Specified Goals 20 Total 100 The following formula will be used to calculate the points for price in respect of competitive bids/prices or quotations with a Rand value above/more than R to R ( Pt P min ) Ps = 80 ( ) ( P min ) Page 16 of 62

17 Where Ps = Points scored for price of bid/offer under consideration. Pt = Rand value of offer/bid consideration. Pmin = Rand value of lowest acceptable bid/offer Subject to point ( ), points must be awarded to a bidder for attaining the B-BBEE status level of contributor in accordance with the table below. B-BBEE STATUS LEVEL OF CONTRIBUTOR NUMBER OF POINTS Non-compliant contributor A maximum of 20 points may be allocated in accordance with point The points scored by a bidder in respect of B-BBEE contribution contemplated in point must be added to the points scored for price as calculated in accordance with point Points will only be allocated to a supplier whose B- BBEE certificate was issued by a SANAS accredited institution. In the case of Emerging Micro Enterprises points will only be awarded for B-BBEE certificates issued by Accountants/Auditors accredited by professional bodies Subject to regulation 4.7.3, the contract must be awarded to the bidder who scores the highest total number of points. Page 17 of 62

18 4.7.2 Adjudication of Bids above R For all bids with an estimated value above R , preference points will be allocated as follows: POINTS Price 90 Specified Goals 10 Total The following formula must be used to calculate the points for price in respect of competitive bids/prices and quotations with a Rand value above R (all applicable taxes included): ( Pt P min ) Ps = 90 ( ) ( P min ) Where Ps = Points scored for price of bid/offer under consideration. Pt = Rand value of offer/bid consideration. Pmin = Rand value of lowest acceptable bid/offer Subject to point , points must be awarded to a bidder for attaining their B-BBEE Status level of contributor in accordance with the table below: B-BBEE STATUS LEVEL OF CONTRIBUTOR NUMBER OF POINTS Non-compliant contributor 0 Page 18 of 62

19 Prior to the award of a bid, the Municipality may cancel the bid process A maximum of 10 points may be allocated in accordance with point The points scored by a bidder in respect of the level of B-BBEE contribution contemplated in point must be added to the points scored for price as calculated in accordance with point Subject to regulation 4.7.3, the contract must be awarded to the bidder who scores the highest total number of points Award of contracts to bidders not scoring the highest number of points A contract may be awarded to a bidder that did not score the highest total number of points, only in accordance with section 1 (1) (f) of the Act Cancellation and re-invitation of bids (a) In the event that, in the application of the 80/20 preference point system as stipulated in the bid documents, all bids received exceed the estimated Rand value of R , the bid invitation must be cancelled. (b) If one or more of the acceptable bids received are within the prescribed threshold of R , all bids received must be evaluated on the 80/20 preference point system (a) In the event that, in the application of the 90/10 preference point system as stipulated in the bid documents, all bids received are equal to, or below R , the bid must be cancelled. (b) If one or more of the acceptable bids received are above the prescribed threshold of R , all bids received must be evaluated on the 90/10 preference point system. Page 19 of 62

20 An organ of state which has cancelled a bid invitation as contemplated in point (a) and (a) must re-invite bids and must, in the bid documents, stipulate the correct preference point system to be applied An organ of state may, prior to the award of a bid, cancel a bid if- (a) due to changed circumstances, there is no longer a need for the services, works or goods requested; or (b) funds are no longer available to cover the total envisaged expenditure; or (c) no acceptable bids are received The decision to cancel a bid in terms of point must be published in the Government Tender Bulletin or the media in which the original bid was advertised. 4.8 Supply Chain Management Unit A Supply Chain Management Unit will be established in the Budget and Treasury Office of the Department: Finance to implement this policy. This Unit will report to the Chief Financial Officer (or delegate) in terms of section 82 of the Act. 4.9 Negotiations with Preferred Bidders (1) The Accounting Officer may negotiate the final terms of a contract with bidders identified through a competitive bidding process as preferred bidders, provided that such negotiation a) Does not allow any preferred bidder a second or unfair opportunity; b) Is not to the detriment of any other bidder; and c) Does not lead to a higher price than the bid as submitted. (2) Minutes of such negotiations must be kept for record purposes Advising of Results All approved bids will be listed on the municipality's website and relevant notice boards on a quarterly basis for a period of seven (7) days. In addition, the Supply Chain Management Unit will notify successful bidders in writing of the awarding of the Page 20 of 62

21 contract subject to the time period for appeal by unsuccessful bids. The Council will be informed of all bids considered by the Bid Adjudication Committee Compilation of a List of Prospective Suppliers (1) The Accounting Officer (or delegate) willa) Compile a list of prospective suppliers to be used in procurement requirements in terms of Section 4.2, 4.3 and 4.4 above. b) At least once a year through commonly circulated local newspapers, the municipality s website and any other appropriate ways, invite prospective suppliers of goods or services to apply for evaluation and listing as accredited prospective suppliers. c) Specify the listing criteria for accredited prospective providers; and d) Disallow the listing of any prospective provider whose name appears on the National Treasury s database as a person prohibited from doing business with the public sector. (2) The list must be updated at least quarterly to include any additional prospective providers and any new commodities or types of services. (3) Suppliers who wish to be included in the list of prospective suppliers without waiting for the next invitation may approach the Supply Chain Management Unit for inclusion, provided they supply the necessary documentation and information for evaluation. Once these requirements have been satisfied, the Supply Chain Management Unit will evaluate the supplier and provide a response within fourteen (14) days. (4) The list must be compiled per commodity and per type of service. (5) To be eligible for listing, all prospective suppliers must meet the criteria of Section 13 (a), (b) and (c) of the Supply Chain Management Regulations Two-stage Bidding Process (1) A two-stage bidding process may be used for (a) Large complex projects; (b) Projects where it may be undesirable to prepare complete detailed technical specifications in advance, and (c) Long term projects with a duration period exceeding three (3) years. (2) The first stage will invite technical proposals on the basis of conceptual design or performance specifications, subject to adjustments and technical and commercial clarifications. Page 21 of 62

22 (3) The second stage will require amended bidding documents, and the submission of final technical proposals and priced bids Unsolicited bids (1) In accordance with Section 113 of the Act, there is no obligation to consider unsolicited bids received outside a normal bidding process. (2) The Accounting Officer may decide in terms of Section 113(2) of the Act to consider an unsolicited bid, only if (a) The product or service offered in terms of the bid is a demonstrably or proven unique innovative concept; (b) The product or service will be exceptionally beneficial to, or have exceptional cost advantages; (c) The person who made the bid is the sole provider of the product or service; and (d) The reasons for not going through the normal bidding processes are found to be sound by the Accounting Officer. (3) If the Accounting Officer decides to consider an unsolicited bid that complies with subparagraph (2) of this policy, the decision must be made public in accordance with Section 21A of the Municipal Systems Act, together with - (a) Reasons as to why the bid should not be open to other competitors; (b) An explanation of the potential benefits if the unsolicited bid were accepted; and (c) An invitation to the public or other potential suppliers to submit their comments within thirty (30) days of the notice. (4) The Accounting Officer must submit all written comments received pursuant to subparagraph (3), including any responses from the unsolicited bidder, to the National Treasury and the relevant Provincial Treasury for comment. (5) The Bid Adjudication Committee must consider the unsolicited bid and may award the bid or make a recommendation to the Accounting Officer, depending on its delegations. (6) A meeting of the Bid Adjudication Committee to consider an unsolicited bid must be open to the public. Page 22 of 62

23 (7) When considering the matter, the Bid Adjudication Committee must take into (a) (b) account Any comments submitted by the public; and Any written comments and recommendations of the National Treasury or the relevant Provincial Treasury. (8) If any recommendations of the National Treasury or Provincial Treasury are rejected or not followed, the Accounting Officer must submit to the Auditor- General, the relevant Provincial Treasury and the National Treasury the reasons for rejecting or not following those recommendations. (9) Such submission must be made within seven (7) days after the decision on the award of the unsolicited bid is taken, but no contract committing the municipality to the bid may be entered into or signed within thirty (30) days of the submission Procurement of Goods and Services under contracts secured by other Organs of State (1) The Accounting Officer may procure goods or services under a contract secured by another organ of state, but only if (a) (b) (c) (d) The contract has been secured by that other organ of state by means of a competitive bidding process applicable to that organ of state; There is no reason to believe that such contract was not validly procured; There are demonstrable discounts or benefits to do so; and That other organ of state and the provider have consented to such procurement in writing. (1) Subparagraphs (1)(c) and (d) do not apply if (a) A municipal entity procures goods or services through a contract secured by its parent municipality; or (b) A municipality procures goods or services through a contract secured by a municipal entity of which it is the parent municipality. Page 23 of 62

24 4.15 Proudly SA Campaign The municipality supports the Proudly SA Campaign to the extent that, all things being equal, preference is given to procuring local goods and services from: Firstly suppliers and businesses within the municipality or district; Secondly suppliers and businesses within the relevant province; Thirdly suppliers and businesses within the Republic SMALL MICRO MEDIUM ENTERPRISES EMERGING CONTRACTORS Registration and Profiling The following are minimum requirements for admission into the Municipality's supplier database: Registration with CIDB Undergone the determined Engineering Basic Training (for CIDB level 1) Database Formulation The municipality reserves the right to limit the number of emerging contractors it registers in order to manage the development of contractors efficiently and effectively The list should be used to promote participation of Local Black-owned Small, Medium and Micro Enterprises (SMME's) The list must be updated at least quarterly to include any additional prospective providers and any new commodities or types of services. The following schedule indicates the maximum number of contracts and maximum values within each stage that a single contractor must complete before advancing to the next stage. STAGE MAXIMUM CONTRACT VALUE MAXIMUM NUMBER OF ANY PROJECTS MAXIMUM ACCULULATED CONTRACT VALUES IN THE STAGE 1 R R Page 24 of 62

25 2 R R R R R R R R R R The Emnambithi/Ladysmith Municipality will implement these thresholds in a phased approach. The first stage will be implemented and reviewed in 2012/2013. Goods and services may be procured from SMME's at a premium of 10%. SMME's within the very micro category will be paid within five (5) days of receipt of an approved invoice. All other payment are to be made within fourteen (14) days. A person awarded a contract of an amount greater than or equal to R (One Million Rand) must include 50% local labour in their staff component. A person awarded a contract of an amount greater than or equal to R (One Million Rand) must subcontract the minimum of 10% of the contract to local contractors. 5. DEVIATIONS FROM THE PROCUREMENT PROCESS (1) The Accounting Officer may - (a) Deviate from the processes established by this policy and procure through any convenient process, which may include direct negotiations, but only: (i) In an emergency; (ii) If such goods or services are produced or available from a single supplier only; (iii) For the acquisition of special works of art or historical objects where the specifications are difficult to compile; (iv) Acquisition of animals for zoos and/or nature and game reserves; or (v) In any other exceptional case where it is impractical or impossible to follow the official procurement processes; and (b) Ratify any minor breaches of the procurement processes by an official or committee acting in terms of delegated powers or duties which are purely of a technical nature. Page 25 of 62

26 (2) The Accounting Officer must record the reasons for any deviations in terms of subparagraphs (1), (a) and (b) of this policy and report them to the next meeting of the Council and include as a note to the Annual Financial Statements. (3) Subparagraph (2) does not apply to the procurement of good and services, including (a) (b) Water from the Department of Water Affairs or a public entity, another municipality or a municipal entity; and Electricity from Eskom or another public entity, another municipality or a municipal entity. 6. SUPPLY CHAIN MANAGEMENT COMMITTEES 6.1 Bid Specification Committee The Accounting Officer will appoint members to the Bid Specification Committee to compile the specifications for procurement of goods or services by the municipality. Specifications should be: (1) Prepared in an unbiased manner to allow all potential suppliers to offer their goods or services; (2) In sufficient detail to enable meaningful evaluation of quotes and bids; (3) Take into account any accepted standards such as those issued by Standards South Africa, the International Standards Organisation or an authority accredited or recognised by the South African National Accreditation System with which the equipment or material or workmanship should comply; (4) Where possible, be described in terms of performance required rather than in terms of descriptive characteristics for design; (5) May not create trade barriers in contract requirements in the forms of specifications, plans, drawings, designs, testing and test methods, packaging, marking or labelling of conformity certification; (6) May not refer to any particular trade mark, name, patent, design, type, specific origin or producer unless there is no other sufficiently precise or intelligible way of describing the characteristics of the work in which case such reference must be accompanied by the words equivalent ; (7) Must Indicate each specific goal for which points may be awarded in terms of the points system in the Preferential Procurement Act and its Regulations; and Page 26 of 62

27 (8) Must be approved by the Accounting Officer prior to the advertisement of the bid. The Bid Specification Committee will be composed as follows: (a) A Supply Chain Management Official; (b) A Municipal legal advisor; (c) An official from the end user department; and (d) Any other official as required and when appropriate, including external specialist advisors. No person, advisor or corporate entity involved with the Bid Specification Committee may bid for any resulting contracts. 6.2 Bid Evaluation Committee The Accounting Officer will appoint members to the Bid Evaluation Committee to undertake the evaluation of bids. (1) The Bid Evaluation Committee will - (a) (b) (c) (d) (e) Evaluate bids in accordance with (i) The specifications for a specific procurement; and (ii) The points system as set out in Section 4.7 of this policy. Ensure bids are compliant with the requirements of the Supply Chain Management Regulations and this policy; Evaluate each bidder's ability to execute the contract; Check in respect of the recommended bidder whether municipal rates and taxes and municipal service charges are not in arrears; and Submit to the Bid Adjudication Committee, within fourteen (14) days of the closing date of bids, a report and recommendations regarding the award of the bid or any other related matter. (2) The Bid Evaluation Committee will be composed as follows (a) A Supply Chain Management official; (b) An official from the Budget Office; (c) An official from the end user department; and (d) Any other official as required, and when appropriate. Page 27 of 62

28 (3) The Bid Evaluation Committee will reject any bidder who: (a) (b) (c) (d) (e) Fails to provide proof from SARS that the bidder has no outstanding tax obligations, or has made arrangements to meet outstanding tax obligations, Has municipal rates, taxes and service charge in arrears, Has committed a corrupt or fraudulent act in competing for the contract, or has been convicted of fraud or corruption in the last five (5) years, Has abused the Supply Chain Management System or committed any improper conduct in relation to the system, and Has wilfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five(5) years. (4) Within fourteen (14) days of the closing of bids, the Bid Evaluation Committee will provide to the Bid Adjudication Committee a report and recommendations regarding the award of the bid or any other related matter. 6.3 Bid Adjudication Committee (1) The Accounting Officer will appoint members to the Bid Adjudication Committee to perform the adjudicating functions of this policy. The committee must consist of at least four (4) Senior Managers and will be composed as follows: (a) At least three (3) Senior Managers who are not a Head of the Department being procured for. (b) The Chief Financial Officer or, if unavailable, another manager in the Budget and Treasury Office reporting directly to the Chief Financial Officer and designated by the Chief Financial Officer. (c) At least one Senior Supply Chain Management practitioner who is an official of the municipality. (d) A technical expert in the relevant field, who is an official of the municipality, if such an expert exists (and who was not part of the Bid Evaluation Committee). (2) Neither a member of the Bid Evaluation Committee, nor an advisor of a person assisting the Bid Evaluation Committee, may be a member of the Bid Adjudication Committee. Page 28 of 62

29 (3) The Accounting Officer will appoint the chairperson and an alternate Chairperson of the committee and when one of the appointees is absent, the members of the committee who are present will elect one of them to preside at the meeting. (4) The Bid Adjudication Committee will (a) (b) For bids with a value of R or less, make a final award or a recommendation to the Accounting Officer to make the final award. For bids with a value greater than R , make recommendation to the Accounting Officer on how to proceed with the relevant procurement. (5) The Bid Adjudication Committee will effectively meet as a sub committee of the Management Committee with the exclusion of the Accounting Officer and Heads of Departments or staff members with an interest in the bid, or who have been part of the Bid Evaluation Committee for the bid. The quorum is the chairperson and three members. (6) The minutes of the Bid Adjudication Committee meeting, as the sub-committee of the Management Committee will serve as the written report and will be required to be submitted to the Accounting Officer in terms of Section 5 (3) of the Supply Chain Management Regulations- (a) If the Bid Adjudication Committee decides to award a bid other than the one recommended by the Bid Evaluation Committee, the Bid Adjudication Committee must prior to awarding the bid (i) (ii) Check in respect of the preferred bidder whether that bidder s municipal rates and taxes and municipal service charges are not in arrears, and Notify the Accounting Officer for ratification purposes. (b) The Accounting Officer may (i) After due consideration of the reasons for the deviation, ratify or reject the decision of the Bid Adjudication Committee referred to in (a); and (ii) If the decision of the Bid Adjudication Committee is rejected, refer the decision of the Bid Adjudication Committee back to that committee for reconsideration. Page 29 of 62

30 (7) The Accounting Officer may at any stage of a bidding process, refer any recommendation made by the Bid Evaluation Committee or the Bid Adjudication Committee back to that committee for reconsideration of the recommendation. (8) The Accounting Officer must comply with Section 114 of the Act within ten (10) working days in terms of notifying the required parties if a bid other than the one recommended is approved. 7. GENERAL CONDITIONS AND PROCEDURES 7.1 General Directives (1) The following general conditions and procedures contained in this document are applicable to all orders and contracts, unless otherwise approved by the Accounting Officer prior to the invitation of the bid. (1) Where applicable, special conditions or procedures are also laid down by the Accounting Officer to cover specific supplies or services. (2) Where such special conditions or procedures are in conflict with the general conditions and procedures, the special conditions or procedures shall apply. (3) The bidder shall satisfy himself/herself with the conditions and circumstances of the bid. By bidding, the bidder shall deem to have satisfied himself/herself as to all the conditions and circumstances of the bid. (4) Formal contracts are concluded with the contractors only where this requirement is stated in the bid invitation. (5) The written acceptance of the bid shall be faxed, ed or posted to the bidder or contractor concerned. 7.2 Invitation of Bids Invitations to bid indicate the conditions of purchase, preference point system to be used, specifications, delivery schedules, closing dates, contact person and other necessary information. (1) Unless otherwise indicated in the bid documents, the Municipality shall not be liable for any expenses incurred in the preparation and submission of bids on behalf of the bidder. (2) Unless approved by the Accounting Officer, notifications of bid invitations are published in the media as determined by this policy for at least fourteen (14) days Page 30 of 62

31 from the date the advertisement is first placed. Proof of advertisement will be submitted in the bid report to the Bid Adjudication Committee. (3) The bid number must not appear on any envelope unless the envelope contains the bid itself. (4) The Municipality shall in the bid document indicate the preference point system to be applied in the adjudication of bids. (5) Mandatory Formalities 5.1. The Emnambithi/Ladysmith Municipality reserves the right to reject any bid received from Bidders if the formalities described in the Mandatory Formalities section hereunder are not complied with By submitting a bid for consideration to the Emnambithi/Ladysmith Municipality, the Bidder warrants that he/she/it consents and acknowledges this requirement and undertakes to ensure compliance with the Mandatory Formalities The Mandatory formalities include: General Conditions of Contract: Bidders are required to initial each page of the General Conditions of Contract section of the Bid document Special Conditions of Contract: Bidders are required to initial each page of the Special Conditions of Contract section of the Bid document Specifications of Contract Bidders are required to initial each page of the Specifications of Contract section of the Bid document Scope of Work Bidders are required to initial each page of the Scope of Work section of the Bid document Witness Signatures Bidders are required to ensure that there are two witness signatures in all sections of the Bid document which requires the endorsement of a signature Alterations and Amendments Bidders are required to ensure that all amendments or alterations in the Bid document are endorsed by the bidder. Page 31 of 62

32 (6) Mandatory Supporting Documentation 6.1 The Emnambithi/Ladysmith Municipality reserves the right to reject any bid received from Bidders if any of the Mandatory Supporting Documentation as described hereunder, as well as the provisions of the Special Conditions of the Bid section are not complied with. 6.2 By submitting a bid for consideration to the Emnambithi/Ladysmith Municipality, the Bidder warrants that he/she/it consents to, and acknowledges this requirement and undertakes to ensure compliance with this requirement of the Bid document. 6.3 The Mandatory Supporting documents are: (a) Original Valid Tax Clearance Certificate as issued by SARS ( no certified copies are allowed). (b) Proof of registration as a VAT Vendor, as issued by SARS, where the annual turnover of the individual or entity submitting the bid is R (One million rand) or more per annum. (c) The specific Supporting documents referred to in the Special Conditions of Contract of the Bid document. (d) Certified copy of identity document of the person authorised to sign off on the tender document on behalf of the bidder. Bidders are required to: (a) Make use of the Emnambithi/Ladysmith Municipality s official bid documents. (b) Insert bid prices and other required information in the appropriate spaces on the prescribed form. (c) Furnish all further information called for in the bid documents and to supply pamphlets, samples, etc., where required. (d) Submit an Original Tax Clearance Certificate. Failure to do so will invalidate the bid. (e) To complete a declaration that: (i) The information provided is true and correct. (ii) The signatory is duly authorised to sign the bid document. Page 32 of 62